What to Do When Landlords Don't Keep Up the Property

by Anna Assad

Landlords have to address tenant concerns.

Tenants have inherent rights when renting a residence. Tenant entitlements include the right to a safe and maintained dwelling for the duration of the rental. Landlords are legally obligated to keep rental property in good condition and perform necessary repairs. If your landlord fails to meet these requirements, he may be subject to fines, penalties and loss of rental income, as determined by the laws in your state. The U.S. Department of Housing and Urban Development (see Resources) can tell you about these laws.

1

Inform your landlord in writing. List all items in or on the rental that need repair or maintenance. Send the letter by certified mail and keep a copy so you have proof you informed the landlord about the issues affecting your rental home. Documenting this step is important. Should you have to take the landlord to court, the letter will serve as proof the landlord knew about the problems.

2

Do the repairs yourself. If the landlord does not respond or send someone to take care of the problems within the amount of time set by your state&#039;s laws, you can correct them yourself. Write the landlord another letter and include your intention to do the work and deduct the expenses from your rent. Keep all receipts. Be aware the costs of repairs need to be reasonable, or typical in your area for the type of repair you are doing. When you next pay rent, send your landlord a letter detailing the repairs and include copies of all receipts to show why you are deducting money from your rent. Check with your state&#039;s laws for any additional procedures required when doing rental repairs yourself.

3

Call the local housing inspector for serious problems. The code enforcement officer will come to your residence and look for violations. He will then send a list of any violations to your landlord. The landlord will have a short period of time, as defined by your state&#039;s laws, to make the repairs before being fined. If the repairs are still not made and you need to go to court, you can use the code violation list from the inspector as evidence.

4

File an action in housing court. Each state has a different procedure for these types of actions, so check with your local housing authority to determine what paperwork to file. In all cases you will need proof that repairs are necessary and that you informed your landlord of the problems. Copies of your certified letters to the landlord can serve as evidence, as well as photos of the needed repairs, a copy of a housing inspector&#039;s report, and statements from witnesses. Typically you will be asked to withhold your rent payments and keep the money in a separate bank account or with the housing court until your case is resolved.

Warning

Follow all your state's laws for withholding rent and taking a landlord to court. Failure to do so can lead to an eviction action against you.

About the Author

Anna Assad began writing professionally in 1999 and has published several legal articles for various websites. She has an extensive real estate and criminal legal background. She also tutored in English for nearly eight years, attended Buffalo State College for paralegal studies and accounting, and minored in English literature, receiving a Bachelor of Arts.

Photo Credits

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